The bill proposes an amendment to Chapter 8-2 of the General Laws entitled "Superior Court" by adding a new section, 8-2-15.2, which establishes a "felony driving under the influence" court calendar. This new section outlines a policy for the State of Rhode Island to expedite the processing and disposition of felony criminal cases involving operating a motor vehicle under the influence of alcohol and/or drugs that result in death or serious bodily injury. The presiding judge of the superior court is tasked with promulgating this specialized calendar, which includes an expedited timeline for the exchange of discovery between the state and defendants. Discovery is defined broadly to include all relevant evidence, including exculpatory evidence.
The bill sets forth a strict timeline for various stages of the legal process, including a 60-day window for the attorney general to review cases and determine if probable cause exists to charge a defendant with a felony offense, and a 90-day window to present the matter to a grand jury. Following an indictment or filing of information, arraignment must occur within 14 days, and discovery motions must be filed within 14 days of arraignment. The exchange of discovery is to be completed within 90 days of arraignment, with pre-trial conferences scheduled shortly thereafter. If no pretrial disposition is reached, the case must be given priority on the trial calendar and commence within 60 days of the last pre-trial conference. The bill emphasizes that no dismissals are to be granted based on this section, as it is intended for the benefit and convenience of the court. The act would take effect upon passage.